GANNU @ GAANU RAM Vs. DHANMAT BAI

JUDGEMENT

(1.) Short issue arising for consideration in this first appeal is -

(2.) The Trial Court has allowed the plaintiff's suit for partition granting 1/3rd share each to plaintiff/respondent No.1 Dhanmat Bai, appellant No.1/defendant No. 1 Gannu @ Gaanu Ram & appellant No.2/defendant No. 2 Deni Bai.

(3.) Indisputably, the property at the hands of the common ancestor deceased Ramai was ancestral property. Ramai died about 8 years back from 14.02.2011 (as stated by plaintiff Dhanmat Bai when she was examined before the Trial Court on 14.02.2011). The exact date of death of Ramai is not available on record, but in any case his death has taken place prior to 9.9.2005 i.e. the date on which Section 6 of the Act suffered amendment.